PC RES 2008-050 P.C. RESOLUTION NO. 2008-50
RESOLUTION F THE PLANNING ISSI F THE
CITY OF RANCHOP L S VERDES CONDITIONALLY
APPROVINGHEIGHT V IATI IN PERMIT
AND SITE PLAN REVIEW(PLANNING CASE NO. N2008-
014) FOR THE DEMOLITION OF THE EXISTING, 1,770-
SQUARE-FOOT,
,77 -
S A -F T, 2-STORY, 2-CAR-GARAGE-AND-BED-
ROOM
- A -GA GE- N -EE
ING; CONSTRUCTION OF ANEW,2,515-SQUARE-
FOOT,
,515-SOUR -F T, 2-STORY 3-CAR-GARAGE-AND-BEDROOM WIN ,
CONSTRUCTION OF A 278-SQUARE-FOOT 1-STORY
ADDITION;AND 30 CUBIC YARDS OF RELATED GRADING
FOR AN EXISTINGSPLIT-LEVEL SINGLE-FAMILY
RESIDENCE, L T T 5321 MIDDLECREST ROAD
WHEREAS, on Larch 14, 2008,the applicants, Modupe Aiyegbusi and Fernandile
Braimah, submitted an application for Planning Case No. ZON2008-00144 for a height
variation, grading permit and site plan review to allow partial demolition of and additions to
an existing split-level single-family residence in the Ridgecrest Ranchos community; and,
WHEREAS, on October 22, 2008, the application for Planning Case
No. ZON2008-00144 was deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that the approval of the requested height variation,
grading permit and site plan review would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt (Section
15303); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly-noticed public hearing
on November 25, 2008, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for a height variation to allow the construction of a new, 2,515-
square-foot, 2-story 3-car-garage-and-bedroom wing to the subject property:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City by obtaining property owners' acknowledgement signatures
from 40% of the property owners within a 500-foot radius of the subject property
and 86% of the property owners within a 100-foot radius of the subject property.
B. The proposed structure that is above sixteen feet in height does not significantly
impair view from public property(parks, major thoroughfares, bikeways,walkways
or equestrian trails), which has been identified in the City's General Plan or Coastal
Specific Plan, as City-designated viewing areas. Figure 41 of the General Plan
identifies a view from Crenshaw Boulevard and Crest Road over the entirety of the
Ridgecrest Ranchos community. The view is to the north and northeast toward
downtown Los Angeles in the distance and the cities of the South Bay in the
foreground. There is no point on or along Crenshaw Boulevard or Crest Road
where the proposed project is visible within this view.
C. The proposed structure is not located on a ridge or promontory; rather, the subject
property is a graded pad lot surrounded by similar pad lots that were all created
when the neighborhood was originally graded and developed in the late 1950s.
D. The proposed new structure that is above sixteen feet in height, when considered
exclusive of existing foliage, does not significantly impair a view from the viewing
area of another parcel. The proposed 2-story addition is seven hundred forty-five
square feet (745 SF) larger but no taller than the 2-story portion of the existing
residence that it would replace. The surrounding residences are located on
terraced pad lots, some of them at higher elevations than the subject property.
However, due to the orientation of these higher lots and the homes upon them, the
Planning Commission finds that none of them directly overlooks the subject
property.
E. There is no significant cumulative view impairment caused by granting the
application. The portion of the proposed project that is above sixteen feet(16'-0") in
height results in no view impairment, and similar additions to surrounding, adjacent
residences would result in no view impairment either.
F. The proposed structure complies with all other Code requirements, including the
RS-2 zoning district development standards with respect to lot coverage and
setbacks, and the off-street parking requirements for single-family residences.
G. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, including total square footage and lot
coverage of the residence; architectural styles, including facade treatments,
structure height, open space between structures, roof design, the apparent bulk or
mass of the structure, number of stories, and building materials; and front-, side-,
and rear-yard setbacks. The proposed residence would be the third largest home in
the immediate neighborhood, falling within the range of existing home sizes. The
proposed residence would maintain a split-level appearance, and the hipped
rooflines of the residence would be similar in style and pitch to other homes in the
P.C. Resolution No. 2008-50
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neighborhood. The proposed project will generally maintain the existing setbacks of
the house.
H. The proposed structure does not result in an unreasonable infringement of privacy
of the occupants of abutting residences. Second-floor windows facing toward the
abutting residences at 5305 Middlecrest Road and 28507 Robinview Lane will not
directly overlook primary outdoor living areas or create more privacy infringement for
these abutting residences than currently may result from the existing second floor of
the house at 5321 Middlecrest Road.
Section 2: The Planning Commission makes the following findings of fact with
respect to the application for a grading permit to allow thirty cubic yards (30 CY)of grading
related to the construction of the proposed 2-story addition:
A. The expansion of the lower-level of the 2-story addition requires thirty cubic yards
(30 CY)of grading,with a maximum depth of cut of four feet(4'-0") and no fill. This
qualifies as minor grading pursuant to RPVDC Section 17.76.040(B)(1)(b). By itself,
such grading would typically be approved administratively. The Planning
Commission finds that the requested minor grading is consistent with all of the
grading criteria of RPVDC Section 17.76.040(E).
Section 3: The Planning Commission makes the following findings of fact with
respect to the application for site plan review to allow the construction of a 278-square-foot
1-story addition to the subject property:
A. The site plan review application covers the proposed 278-square-foot single-story
living room and entry addition at the front of the house. This component of the
project complies with the RS-2 development standards and other applicable
provisions of the Development Code.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(I)(j)and
17.76.040(H)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, and accompanied by the appropriate fee, no later than fifteen
(15)days following November 25,2008,the date of the Planning Commission's final action.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves a height
variation, grading permit and site plan review (Planning Case No. ZON2008-00144) for
demolition of the existing, 1,770-square-foot, 2-story, 2-car-garage-and-bedroom wing;
construction of a new, 2,515-square-foot, 2-story 3-car-garage-and-bedroom wing;
construction of a 278-square-foot 1-story addition; and 30 cubic yards of related grading for
an existing split-level single-family residence, located at 5321 Middlecrest Road, subject to
the conditions of approval in the attached Exhibit 'A'.
P.C. Resolution No. 2008-50
Page 3 of 7
PASSED, APPROVED, AND ADOPTED this 25th day of November 2008, by the
following vote:
AYES: Commissioners Knight, Ruttenberg, Tetreault, Tomblin, Vice Chalt Lewis
and Chairman Perestam.
NOES:
ABSTENTIONS:
ABSENT: Commissioner Gerstner
RECUSALS:
Stepen Perestarn
Chairman
Joe 06jas, A1CP
Director of Planning, Building
and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2008- 50
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HI IT
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2008-00144
(Alye gbusi-Bralmah, 5321 Middlecrest Road)
General Conditions:
1 Prior to the submittal of plans into Building and Safety plan check,the applicant and
the property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified,all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is for the demolition of the existing, 1,770-square-foot, 2-story, 2-car-
garage-and-bedroom wing; construction of a new, 2,515-square-foot,2-story 3-car-
garage-and-bedroom wing; construction of a 278-square-foot 1-story addition; and
30 cubic yards of related grading to an existing 2,785-square-foot split-level single-
family residence. The Director of Planning, Building and Code Enforcement is
authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Otherwise, any substantive change to the project shall require approval of a revision
to the height variation, grading permit and/or site plan review by the Planning
Commission and shall require new and separate environmental review.
4. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-2 district
development standards and OC-3 district performance criteria of the City's
Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, approval of the project shall expire and be of no further effect unless, prior
to expiration, a written request for extension is filed with the Department of
Planning, Building and Code Enforcement and approved by the Director.
P.C. Resolution No. 2008-50
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Otherwise, a height variation, grading permit and/or site plan review revision must
be approved prior to further development.
7. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department,the stricter standard
shall apply.
8. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of this Resolution.
9. The construction site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks and other construction vehicles shall not park, queue and/or idle at
the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated
above.
Height Variation Conditions:
11. This approval is for demolition of an existing 1,770-square-foot 2-story wing and
construction of a new 2,515-square-foot 2-story addition to an existing split-level
single-family residence. BUILDING AREA CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to building permit final.
12. The maximum ridgeline of the approved project is 22'-4". BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
Grading Permit Conditions:
13. This approval is for thirty cubic yards (30 CY) of cut with a maximum depth of four
feet (4'-0") and no fill.
14, All grading and construction shall be subject to the review and approval of the City's
Building Official and geotechnical consultant.
P.C. Resolution No. 2008-50
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Site Plan Review Conditions:
15. This approval is for a 278-square-foot 1-story addition to an existing split-level
single-family residence. BUILDING AREA CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to building permit final.
16. The approved residence shall maintain setbacks of 55.08' front, 53.0' rear, 21.83'
west side and 17.08' east side. BUILDING SETBACK CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to
foundation forms inspection.
17. The approved project shall maintain a maximum of 40% lot coverage (25.8%
proposed). The maximum hardscape coverage within the 20-foot front-yard setback
area shall not exceed 50%
18. A minimum 3-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and 20' in depth, with minimum 7' vertical clearance.
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